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40-14B-7
Section 40-14B-7 Development Office opinion as to proposed investments. (a) A certified capital
company may, before making an investment in a business, request from the Alabama Development
Office a written opinion as to whether the business in which it proposes to invest is a qualified
technology business. (b) The Alabama Development Office shall, not later than the 15th business
day after the date of the receipt of a request under subsection (a), determine whether the
business meets the definition of a qualified technology business, and notify the certified
capital company of the determination and an explanation of its determination or notify the
certified capital company that an additional 15 days will be needed to review and make the
determination. (c) If the Alabama Development Office fails to notify the certified capital
company with respect to the proposed investment within the period specified by subsection
(b), the business in which the company proposes to invest is considered...
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40-14B-6
Section 40-14B-6 Qualified investments. (a) To continue to be certified, a certified capital
company shall make qualified investments according to the following schedule: (1) Before the
third anniversary of its allocation date, a company must have made qualified investments in
an amount cumulatively equal to at least 35 percent of its certified capital. (2) Before the
fifth anniversary of its allocation date, a company must have made qualified investments in
an amount cumulatively equal to at least 50 percent of its certified capital. (b) The aggregate
cumulative amount of all qualified investments made by the certified capital company after
its allocation date shall be considered in the computation of the percentage requirements
under this chapter. Any proceeds received from a qualified investment may be invested in another
qualified investment and count toward any requirement in this chapter with respect to investments
of certified capital. (c) A business that is classified as a...
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40-14B-8
Section 40-14B-8 Report upon receipt of certified capital; annual report; financial statement.
(a) Each certified capital company shall report to the Alabama Development Office as soon
as practicable after the receipt of certified capital the following: (1) The name of each
certified investor from whom the certified capital was received, including the certified investor's
insurance premium tax identification number. (2) The amount of each certified investor's investment
of certified capital and premium tax credits. (3) The date on which the certified capital
was received. (b) Not later than January 31 of each year, each certified capital company shall
report to the Alabama Development Office all of the following: (1) The amount of the company's
certified capital at the end of the preceding year. (2) Whether or not the company has invested
more than 15 percent of its total certified capital in any one business. (3) Each qualified
investment that the company made during the preceding...
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40-14B-1
Section 40-14B-1 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) AFFILIATE. An affiliate of another person shall include any of the following:
a. A person who directly or indirectly either: 1. Beneficially owns 15 percent or more of
the outstanding voting securities or other voting ownership interests of the other person,
whether through rights, options, convertible interests, or otherwise; or 2. Controls or holds
power to vote 15 percent or more of the outstanding voting securities or other voting ownership
interests of the other person. b. A person owning 15 percent or more of the outstanding voting
securities or other voting ownership interests of which are directly or indirectly either:
1. Beneficially owned by the other person, whether through rights, options, convertible interests,
or otherwise; or 2. Controlled or held with power to vote by the other person. c. A partnership
or limited liability company in which the other person...
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40-14B-21
Section 40-14B-21 Biennial report. (a) The Alabama Development Office shall prepare a biennial
report with respect to results of the implementation of this chapter. The report must include
all of the following: (1) The number of certified capital companies holding certified capital.
(2) The amount of certified capital invested in each certified capital company. (3) The amount
of certified capital the certified capital company has invested in qualified technology businesses
as of January 1, 2004, and the cumulative total for each subsequent year. (4) The total amount
of tax credits granted under this chapter for each year that credits have been granted. (5)
The performance of each certified capital company with respect to renewal and reporting requirements
imposed under this chapter. (6) With respect to the qualified technology businesses in which
capital companies have invested all of the following: a. The classification of the qualified
businesses according to the industrial sector...
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40-14B-11
Section 40-14B-11 Annual review; decertification. (a) The Alabama Development Office shall
conduct an annual review of each certified capital company to: (1) Ensure that the company
continues to satisfy the requirements of this chapter and that the company has not made any
investment in violation of this chapter. (2) Determine the eligibility status of its qualified
investments. (b) The cost of the annual review shall be paid by each certified capital company
according to a reasonable fee schedule adopted by the Alabama Development Office. (c) A material
violation of Sections 40-14B-6, 40-14B-8, or 40-14B-9 is grounds for decertification of the
certified capital company. If the Alabama Development Office determines that a company is
not in compliance with Sections 40-14B-6, 40-14B-8, or 40-14B-9, the director shall notify
the officers of the company in writing that the company may be subject to decertification
after the 120th day after the date of mailing of the notice, unless the...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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40-14B-3
Section 40-14B-3 Application for certification. (a) The Director of the Alabama Development
Office by rule shall establish the application procedures for certified capital companies.
(b) An applicant must file an application in the form prescribed by the Alabama Development
Office accompanied by a nonrefundable application fee of seven thousand five hundred dollars
($7,500). The application must include an audited balance sheet of the applicant, with an
unqualified opinion from an independent certified public accountant, as of a date not more
than 35 days before the date of the application. (c) To qualify as a certified capital company
all of the following must apply: (1) The applicant must have, at the time of application for
certification, an equity capitalization of at least five hundred thousand dollars ($500,000)
in the form of cash or cash equivalents. The applicant must maintain this equity capitalization
until it receives an allocation of certified capital pursuant to Section...
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40-14B-17
Section 40-14B-17 Vested premium tax credit - Pro rata allocation. (a) If the total premium
tax credits claimed by all certified investors exceeds the total limits on premium tax credits
established by subsection (a) of Section 40-14B-16, the Alabama Development Office shall allocate
the total amount of premium tax credits allowed under this chapter to certified investors
in certified capital companies on a pro rata basis in accordance with this chapter. (b) The
pro rata allocation for each certified investor shall be the product of: (1) A fraction, the
numerator of which is the amount of the premium tax credit allocation claim filed on behalf
of the investor and the denominator of which is the total amount of all premium tax credit
allocation claims filed on behalf of all certified investors. (2) The total amount of certified
capital for which premium tax credits may be allowed under this chapter. (c) On October 15,
2002, the Alabama Development Office shall notify each certified...
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41-7A-42
Section 41-7A-42 Definitions. For purposes of this article, the following terms shall have
the following meanings: (1) COMPANY. A corporation, partnership, limited liability company,
or any other business entity. (2) DEPARTMENT. The Alabama Department of Revenue. (3) ENTERTAINMENT
INDUSTRY. Those persons or entities engaged in the production of entertainment content as
defined under paragraph a. of subdivision (8). (4) EXPENDED IN ALABAMA. In the case of tangible
property, property which is acquired or leased from a source within the State of Alabama;
in the case of services, services performed for a qualified production project in the State
of Alabama. (5) OFFICE. The Alabama Film Office. (6) PAYROLL. All salary, wages, and other
compensation, including related benefits, including specifically, but not limited to, compensation
and benefits provided to resident and nonresident producers, directors, writers, actors, and
other personnel involved in qualified production projects in...
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